Opinion
NO. 2011-CA-001141-MR
02-01-2013
JAMES HARRISON APPELLANT v. COMMONWEALTH OF KENTUCKY, JUSTICE AND PUBLIC SAFETY CABINET, DEPARTMENT OF CORRECTIONS; AND KENTUCKY BOARD OF CLAIMS APPELLEE
BRIEF FOR APPELLANT: James Harrison, Pro se West Liberty, Kentucky BRIEF FOR APPELLEE: Linda M. Keeton Frankfort, Kentucky
NOT TO BE PUBLISHED
APPEAL FROM FRANKLIN CIRCUIT COURT
HONORABLE THOMAS D. WINGATE, JUDGE
ACTION NO. 10-CI-01633
OPINION
AFFIRMING
BEFORE: NICKELL, TAYLOR, AND VANMETER, JUDGES. VANMETER, JUDGE: James Harrison appeals pro se from the Franklin Circuit Court's November 12, 2010, order dismissing his action against the Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Corrections and Kentucky Board of Claims (hereinafter collectively referred to as "Appellees"). For the following reasons, we affirm.
Harrison is currently an inmate at Eastern Kentucky Correctional Complex. On May 8, 2010, Harrison filled out a claim form seeking compensation from the Kentucky Board of Claims ("Board") pursuant to KRS 44.070 for damages he allegedly sustained as a result of the Commonwealth's negligence. Harrison alleged that the relevant incidents occurred on May 13, 2009; between July 18-23, 2009; between August 14-18, 2009; and on August 17, 2009. Harrison filed his claim with the Board on May 17, 2010.
Kentucky Revised Statutes.
By order entered September 16, 2010, the Board dismissed Harrison's claim for failure to file within one year from the time his claim for relief accrued, pursuant to KRS 44.110. Harrison appealed the Board's order to the Franklin Circuit Court. Appellees moved to dismiss the action on grounds that Harrison failed to serve a copy of the filing and complaint on the Attorney General's Office as required under KRS 44.140(2), and also failed to timely file the complaint. The circuit court granted Appellees' motion and dismissed the case. Thereafter, Harrison filed a motion for reconsideration pursuant to CR 59.05 and a motion for findings of fact and conclusions of law pursuant to CR 52.01, 52.02 and 52.04, all of which the circuit court denied. This appeal followed.
Kentucky Rules of Civil Procedure.
On appeal, Harrison contends that the circuit court erred by dismissing his claim and by denying his motion for reconsideration. We disagree.
A circuit court is not authorized to reverse a Board's findings "when the findings of fact are supported by substantial evidence." Dep't for Human Res. v. Redmon, 599 S.W.2d 474, 476 (Ky. App. 1980). Further, a circuit court "may not substitute its own judgment for that of the Board when the findings and conclusions are not clearly erroneous." Id. (citing KRS 44.140(2); Commonwealth, Dep't of Parks v. Bergee Bros., Inc., 480 S.W.2d 158 (Ky. 1972); and Commonwealth v. Mudd, 255 S.W.2d 989, 990 (Ky. 1953)).
KRS 44.110 provides, in part:
(1) All claims must be filed with the Board of Claims within one (1) year from the time the claim for relief accrued.
(2) The claim for relief shall be deemed to accrue at the time of the negligent act with regard to property damage.
Harrison maintains that his claim, filed May 8, 2010, was within one year of the May 13, 2009 alleged incident, as well as within one year of the July and August 2009 alleged incidents, and thus was timely filed under KRS 44.110. However, the record shows that Harrison's claim was filed on May 17, 2010, outside the one-year limitations period for the May 13, 2009, alleged incident. As a result, that claim was time-barred under KRS 44.110.
With respect to the alleged incidents occurring in July and August 2009, those claims are not time-barred, but rather are barred for failure to satisfy the one thousand dollar threshold set forth in KRS 44.140, which provides, in part:
(2) Any claimant whose claim is one thousand dollars ($1,000) or greater may within forty-five (45) days after receipt of the copy of the report containing the final decision of the board, file a proceeding in the Circuit Court of the county wherein the hearing was conducted to review the decision of the board. A copy of the filing and complaint shall be served on the Attorney General in the manner provided by the rules of civil procedure.
Here, while Harrison alleged damages amounting to $3,000, his description of the damages suffered was no greater than $921.56 and he failed to submit proof of any damages sustained (supply bills, receipts, and/or repair estimates) as required by the face of the claim form. Because his damages did not meet or exceed one thousand dollars, his claim was not appealable to the circuit court under KRS 44.140. We only review matters subject to review by the circuit court. KRS 44.150. In this instance, the action was not properly before the circuit court; thus its dismissal of the case was the correct result. Emberton v. GMRI, Inc., 299 S.W.3d 565, 576 (Ky. 2009) ("an appellate court may affirm a lower court's decision on other grounds as long as the lower court reached the correct result[]") (citations omitted).
Harrison claims he sustained $900 in damages relating to an undelivered money order and $21.56 in damages for postal costs (forty-nine postage stamps at a cost of $.44 per stamp equals $21.56).
Because Harrison's appeal was not properly before the circuit court procedurally, we decline to address the merits of his argument that the circuit court failed to issue findings under KRS 44.140(5).
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The order of the Franklin Circuit Court is affirmed.
ALL CONCUR. BRIEF FOR APPELLANT: James Harrison, Pro se
West Liberty, Kentucky
BRIEF FOR APPELLEE: Linda M. Keeton
Frankfort, Kentucky